Client and prospective clients, or legally responsible others,
are entitled to the following rights when seeking publically
funded behavioral health services.
1. The right to receive information on available treatment
options and alternatives presented in a manner appropriate to
the enrollee’s condition and ability to understand.
2. The right to participate in decisions regarding your
healthcare including the right to refuse any proposed treatment
consistent with Chapter 71.05 RCW and 71.34 RCW and 42 CFR
3. The right to be free from any form of restraint or seclusion
used as a means of coercion, discipline, convenience or
retaliation, as specified in other Federal regulations on the
use of restraints and seclusion.
4. The right to receive emergent, urgent, or crisis services.
• For Medicaid recipients, you have a right to receive
post-stabilization services after you receive emergency or
urgent care or crisis services that result in admission to a
5. The right to be treated with respect, dignity and privacy,
except that staff may conduct reasonable searches to detect and
prevent possession or use of contraband on the premises.
6. The right to receive information you request and help in the
language or format of your choice.
7. The right to receive services in a barrier-free location
8. The right to receive services that does not discriminate
against you. To receive services that are age and culturally
appropriate and receive services without regard to race, creed,
national origin, religion, gender, sexual orientation, age, or
9. The right to practice the religion of choice as long as the
practice does not infringe on the rights and treatment of others
or the treatment service. Individual participants have the right
to refuse participation in any religious practice.
10. The right to be free from retaliation.
11. The right to be free of any sexual harassment.
12. The right to be free of exploitation, including physical and
13. The right to request a second opinion from a qualified
health care professional at no cost in accordance with 42 CFR
14. The right to receive, at no cost to you, the services of a
certified language or sign language interpreter and written
materials in alternate formats to accommodate disability
consistent with Title VI of the Civil Rights Act at the time of,
or prior to, admission to services.
15. The right to be reasonably accommodated in case of sensory
or physical disability, limited ability to communicate, limited
English proficiency, and cultural differences as noted in WAC
16. The right to receive enrollment notices, informational
materials, materials related to grievances, appeals, and
administrative hearings, and instructional materials relating to
services provided by the BHO, in an easily understood format and
non-English language that you prefer.
17. The right to have all clinical and personal information
treated in accordance with state and federal confidentiality
18. The right to review your clinical record in the presence of
the administrator or designee and be given an opportunity to
request amendments or corrections. You may request a copy of
your records and will be told the cost for copying.
19. The right to receive an explanation of all medications
prescribed, including expected effect and possible side effects.
20. The right to expect that any research you agree to
participate in will be done in accordance with all applicable
laws, including DSHS rules on the protection of human research
subjects as specified in WAC 388-04.
21. The right to change your behavioral health care provider at
any time for any reason (WAC 388-877-0680(1)(b)(xvii)).
22. The right to choose a behavioral health provider for
yourself and your child, if your child is under thirteen years
23. The right to receive medically necessary services in
accordance with the early periodic screen, diagnosis, and
treatment (EPSDT) under WAC 182-534-0100, if you are twenty
years of age or younger.
24. The right to receive information about medical advance
directives. The right to make an advance directive, stating your
choice and preference regarding your physical and behavioral
health treatment if you are unable to make an informed decision.
25. If you are currently receiving Medicaid benefits, you will
not be billed for Medicaid covered services.
26. For Medicaid recipients, the right to receive the amount and
duration of behavioral health services that are medically
necessary behavioral health services, consistent with access to
care standards adopted by the DBHR in its managed care waiver
with the federal government. Access to care standards provide
minimum standards and eligibility criteria for behavioral health
services and are available on the Behavioral Health
Administration's (BHA) Division of Behavioral Health and
Recovery (DBHR) website.
27. The right to receive medically necessary behavioral health
services outside of the SBHO if those services cannot be
provided adequately and timely within the SBHO.
28. The right to receive a copy of agency grievance system
procedures upon request and to file a grievance with the agency
or SBHO, if applicable, if you believe your rights have been
violated or if you are not satisfied with a service. The right
to file an administrative hearing with DSHS is available after
first exhausting the SBHO grievance process.
29. The right to receive services by the behavioral health
Ombuds office to help you in filing a grievance, or appeal, or
to request an administrative hearing. The Ombuds’ phone number
30. The right to lodge a complaint with the DSHS when you feel
the agency has violated a WAC requirement regulating health care
31. The right to have a mental health professional or SBHO
agency advise or advocate for you with respect to 42 CFR
438.102(i-iv) without SBHO restriction.
32. For Medicaid recipients, the right to receive a written
Notice of Action from the SBHO so that you can appeal any
decision by the SBHO that denies, limits authorization of a
requested service, that reduces, suspends, or terminates a
previously authorized service, or that denies payment for a
service, in whole or in part.
33. The right to receive information about the structure and
operation of the SBHO. The right to request a directory of
agency providers available in the SBHO that provide alternative
languages other than English.
34. The right to freely exercise any and all rights and
exercising these rights will not adversely affect treatment by
the provider, the SBHO or DSHS.
35. The right to request and receive policies and procedures of
the SBHO and behavioral health agencies as they pertain to your
36. The right to request and receive a copy of these rights.
The SBHO ensures the Medicaid rights described above are
provided in writing to each Medicaid recipient, and if
appropriate, the recipient's legal representative, on or before
admission. Upon request, the aforementioned Medicaid rights are
given to the Medicaid recipient in an alternative format or
language appropriate to the recipient and, if appropriate, the
recipient's legal representative. These rights are translated to
the most commonly used languages in the agency's service area
and posted in public areas.